Unknown to the public - unknown to the defense?
The Lord & Taylor surveillance video certainly fulfills all required preconditions for an "in camera" review:
- what evidence does the defendant hope to find? Footage of a dark-skinned male, planting a black backpack in front of the Forum restaurant.
- why does he think the material contains this evidence? Because it has been reported by several media outlets - CNN, Boston Globe and others, based on law enforcement sources.
- why would this evidence be favorable for him? Because it shows that the second bomb was planted by another person than him.
Update 11/23/13: Associated Press defended their story of a suspect in custody for a while even after the high level denial, just like King. This twitter message (WCVB TV) is from 15:00:
Update 11/23/13: This is what John King said at 14:45, when the arrest had been disclaimed by high level officials. His sources were still telling him about a significant breakthrough based on enhanced surveillance video, but they suffered from a "significant blowback at the leaks".
I was one of the people first on the air when we said Fran Townsend had a federal source saying arrest has been made, I had a Boston source saying we got him. I want to go through this.
I'm told they have now checked as high as the attorney general of United States who would know if an arrest has been made. This federal law enforcement source has just communicated with significant progress has been made, but no arrest.
Anyone who says an arrest is ahead of themselves. I went back to the Boston law enforcement sources who said got him, identification on arrest, the source says can't talk to you right now, says there is significant blowback at the leaks and says there will be more information later today.
One of the federal sources I was just communicating with said even to say it's an identification, a specific identification, was to go too far, but then I circled back several Boston and other sources said we have identity based on the enhanced video. They call it a significant breakthrough, but clearly there has been some significant confusion and question of an arrest.
http://transcripts.cnn.com/TRANSCRIPTS/1304/17/cnr.10.html
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The criminal complaint against Dzokhar Tsarnaev, issued on April 21th, exclusively refers to surveillance footage from a camera above the doorway of the Forum restaurant which allegedly shows him dropping his bag at a metal barrier near the curb. According to this court document, the surveillance video is the prosecution's main evidence that Tsarnaev planted the Forum bomb. It was provided to the defense on May 10th - and it was apparently the only video, because it is formulated in singular.
There is however another live video of the explosion at the Forum, taken from the roof of Lord & Taylor, a department store across the street. The video has fallen into oblivion, but its existence is confirmed prominently by the then Boston Mayor Thomas Menino and entrenched itself firmly into the realm of mainstream media:
He ((Menino)) told me when I pressed him on what I've been told by the source about the progress of the investigation, he did confirm to me and he was very careful he confirmed that the police commissioner told him of significant progress in the investigation and he did confirm to me when I pressed him that it was Lord & Taylor, he'd been told the Lord & Taylor video was critical to the breakthrough.
http://transcripts.cnn.com/TRANSCRIPTS/1304/17/cnr.07.html
The
Globe’s source also said a surveillance camera at Lord & Taylor,
located directly across the street, had provided clear video of the
area, though it was unclear whether the image of the suspect was taken
from that camera.
“The camera from Lord & Taylor is the best source of video so far,” confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas M. Menino. “All I know is that they are making progress.”
- See more at: http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf
“The camera from Lord & Taylor is the best source of video so far,” confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas M. Menino. “All I know is that they are making progress.”
- See more at: http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf
The
Globe’s source also said a surveillance camera at Lord & Taylor,
located directly across the street, had provided clear video of the
area, though it was unclear whether the image of the suspect was taken
from that camera. - See more at:
http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf
The
Globe’s source also said a surveillance camera at Lord & Taylor,
located directly across the street, had provided clear video of the
area, though it was unclear whether the image of the suspect was taken
from that camera.
“The camera from Lord & Taylor is the best source of video so far,” confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas M. Menino. “All I know is that they are making progress.”
- See more at: http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf
The Globe's source also said that a surveillance camera at Lord & Taylor, located directly across the street, had provided clear video of the area, though it was unclear whether the image of the suspect was taken from that camera.“The camera from Lord & Taylor is the best source of video so far,” confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas M. Menino. “All I know is that they are making progress.”
- See more at: http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf
"The camera from Lord & Taylor is the best source of video so far," confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas N. Menino. "All I know is that they are making progress."
“The
camera from Lord & Taylor is the best source of video so far,”
confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas M. Menino.
“All I know is that they are making progress.” - See more at:
http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf
The
Globe’s source also said a surveillance camera at Lord & Taylor,
located directly across the street, had provided clear video of the
area, though it was unclear whether the image of the suspect was taken
from that camera.
“The camera from Lord & Taylor is the best source of video so far,” confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas M. Menino. “All I know is that they are making progress.”
- See more at: http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf
http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html“The camera from Lord & Taylor is the best source of video so far,” confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas M. Menino. “All I know is that they are making progress.”
- See more at: http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf
These reports are from April 17th and emphasize the crucial role of the Lord & Taylor video as the most outstanding single piece of evidence. But four days later the complaint refers solely to the video taken by the Forum camera. Interestingly, the Washington Post had accomplished a nice graphic of the Lord & Taylor camera and its relative position to the crime scene by then, but, based on official sources, played down the significance of its footage in behalf of the Forum video.
We've never heard of the Lord & Taylor video since. Given the permanent stonewalling of the prosecution, it is highly doubtable that Tsarnaev's defense team has obtained it. This is most unfortunate because it probably contains exculpatory evidence. The defense should request it in all circumstances. Here's why - for one hour at midday of April 17th, CNN's John King put his head far over the parapet and leaked some details of what the video shows:
- Now I am told based largely on the video analysis that came from closed-circuit cameras from the Lord & Taylor department store that according to one of these sources, they have made a clear identification of a potential suspect and they are calling this substantial progress, hopefully a breakthrough they believe in this investigation.
- A physical description was given to me of the suspect, Wolf, I want to be very careful here because this is very sensitive information, but the description given to be was (INAUDIBLE) is a dark-skinned individual.
- but I'm told from the video analysis that they now have what they believe to be clear video image of a suspect approaching the site, placing a package and leaving the site and placing a package that matches the description of what they have been looking for, the size of the package, the black bag and like and they have those images now being analyzed and to such detail I am told that they believe they have a clear identification including a facial image of a suspect.
- they've enhanced the video and have a close-up look at this individual they have on video they say dropping a package, making a placement that they believe to be the explosive device. And they say it's a dark-skinned male.
- But I am told that the video showed clearly at the site of the second explosion an individual showing up and placing a black bag. Officials said they've been looking for a black backpack or duffel bag, placing it at the scene of the second explosion and leaving it at the scene of the second explosion.
- I've just been told that an arrest has been made. We know they have identified a suspect based on surveillance video and they were then taking the further steps in the investigation. Just in to us, and again, Fran Townsend has a second source, and this is from one of her sources, that an arrest has been made in this investigation. A dramatic shift. We're waiting for the public briefing today at 5:00 p.m. here in Boston. We do know from other sources -- I was told this morning that the big breakthrough came from surveillance video from the Lord & Taylor Department Store right near the site.
- And again, we have a local source, a Boston law enforcement source and Fran has a federal source telling her the arrest has been made. I was told the video enhancement showed a dark-skinned male placing the package at the second explosion site and backing away.
http://transcripts.cnn.com/TRANSCRIPTS/1304/17/cnr.07.html
http://transcripts.cnn.com/TRANSCRIPTS/1304/17/cnr.08.html
http://transcripts.cnn.com/TRANSCRIPTS/1304/17/cnr.09.html
Let's summarize. King emphasizes that the breakthrough came from the Lord & Taylor footage and that the video shows a dark-skinned male - identified by a clear facial image - dropping a black bag at the Forum. Then he reports that an arrest has been made based on this surveillance video. This information is independently confirmed by Boston law enforcement sources as well as federal sources.
Dzhokhar Tsarnaev's skin color doesn't differ from a white, "Caucasian" American; his bag was light-colored, not black; and he was not being arrested at this time. In other words: he was not the individual who was clearly identified by the enhanced footage from the Lord & Taylor camera.
Not all of the details reported by King - f.i. the "dark-skinned male" - are confirmed by other sources; but the importance of the Lord & Taylor video, the clear identification of the suspect and the black bag are (Boston Globe).
The alleged arrest, despite being disclaimed shortly later, was widely reported, amongst others by the Associated Press and the Boston Globe:
So it is difficult to dismiss this message as a pure rumor. In fact, a big crowd of journalists gathered in front of the Moakley courthouse, where they expected the suspect to be. Strangely, the courthouse was subsequently evacuated due to a bomb threat. The Wire has a good summary of the confusing news on that day.
 |
| Milton Valencia / Boston Globe |
As matters stand, the Lord & Taylor video may be able to prove Tsarnaev's innocence at once by showing a dark-skinned male planting a black backpack on the patio of the Forum restaurant, 15 feet away from the place where Tsarnaev placed his bag. The defense must insist on obtaining it and may request to summon Thomas Menino and John King.
The
Globe’s source also said a surveillance camera at Lord & Taylor,
located directly across the street, had provided clear video of the
area, though it was unclear whether the image of the suspect was taken
from that camera.
“The camera from Lord & Taylor is the best source of video so far,” confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas M. Menino. “All I know is that they are making progress.
- See more at: http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf
“The camera from Lord & Taylor is the best source of video so far,” confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas M. Menino. “All I know is that they are making progress.
- See more at: http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf
